Vital-Link Personal Emergency Response System Agreement
This paragraph as well as all of the content that follow constitute the Personal Emergency Response System Equipment and Service Agreement, including the terms and conditions (the "Agreement"). Subscriber is sometimes referred to as "you" or "your." The Company is sometimes referred to as “Vital”, "we," "us" or "our." "System" refers to the Vital's medical alarm console, personal transmitter(s) and any other accessories or devices provided by Vital, including any lock box. "Premises" refers to the address the person(s) where the system will be used. "Website-Buyer" means any person other than the Subscriber or Payer who is ordering the System through Vital’s website. Accepting these terms and conditions on behalf of a Subscriber constitutes
- a representation and warranty to Vital that the person accepting such terms and conditions (the "Website user") is authorized and empowered to bind the other person to this Agreement; and
- acceptance to be jointly and severally bound with Subscriber to this Agreement.
VITAL WILL MONITOR YOU AT THE MONITORING FACILITY ("CENTER"), A PERSONAL EMERGENCY RESPONSE SYSTEM (THE "SYSTEM") IN ACCCORDANCE WITH THIS AGREEMENT.
- PAYMENT AND TERM: FOR MONITORING AND REPAIRING THE SYSTEM YOU WILL PAY US DEPENDING UPON THE PRICING PLAN SELECTED AT THE TIME THE ORDER IS PLACED.
THIS AGREEMENT SHALL CONTINUE UNLESS CANCELLED BY EITHER VITAL OR CLIENT GIVING THE OTHER THIRTY DAYS PRIOR WRITTEN NOTICE. Company makes no promise of commencement of monitoring services by any particular date. WE ARE NOT OBLIGATED TO START MONITORING SERVICE UNTIL
- WE HAVE RECEIVED A PROPERLY EXECUTED COPY OF THIS AGREEMENT,
- WE HAVE RECEIVED A PROPERLY EXECUTED CUSTOMER DATA SHEET, AND
- WE HAVE RECEIVED A SUCCESSFUL TEST SIGNAL FROM THE SYSTEM. YOUR MONTHLY FEE WILL NEVER BE INCREASED BY VITAL EXCEPT AS SET FORTH IN SECTION 9. THE SYSTEM SHALL REMAIN VITAL'S SOLE AND EXCLUSIVE PROPERTY. THIS MONITORING AGREEMENT AND YOUR RIGHT TO USE THE SYSTEM SHALL CONTINUE AS LONG AS THE SYSTEM IS BEING MONITORED BY VITAL. YOU MUST RETURN THE SYSTEM TO VITAL IN WORKING ORDER, AT YOUR EXPENSE, UPON TERMINATION OF THIS AGREEMENT. IF THE MONITORING SYSTEM AND/OR SERVICE IS CANCELLED OR TERMINATED FOR ANY REASON, THIS AGREEMENT SHALL TERMINATE AND YOU MUST RETURN THE SYSTEM TO VITAL AT YOUR EXPENSE. IF THE SYSTEM IS NOT RECEIVED BY VITAL WITHIN THIRTY (30) DAYS FROM NOTICE OF CANCELLATION, VITAL WILL BILL YOU OR CHARGE THE CREDIT CARD ON FILE OR WITHDRAW FROM THE CHECKING ACCOUNT ON FILE, $300.00 FOR OUR EQUIPMENT LOSS.
- SERVICE LIMITATIONS: IN CONSIDERATION FOR THE PROVISION OF THE SYSTEM AND SERVICE, YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT OR WARRANT THAT THE SYSTEM OR SERVICE WILL PREVENT DEATH, BODILY OR PERSONAL INJURY, OR ANY OTHER INJURY OR DAMAGE TO YOU OR OTHERS WHO USE THE SYSTEM. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF THE CENTER'S RESPONSE, AND WE HAVE NO CONTROL OVER THE RESPONSE TIME OR CAPABILTY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SYSTEM BEING USED. YOU FURTHER UNDERSTAND THAT WE MAY BE NEGLIGENT IN PROVIDING THE SERVICE, AND MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN ALARM SIGNAL FROM THE SYSTEM, OR THAT THE SYSTEM MAY FAIL TO FUNCTION PROPERLY. YOU AGREE THAT IF WE WERE TO HAVE ANY LIABILTY GREATER THAN THAT AGREED TO BY YOU PURSUANT TO SECTION 12 OF THIS AGREEMENT, WE COULD NOT AND WOULD NOT PROVIDE THE SERVICE. YOU ACKNOWLEDGE THAT YOU SHOULD OBTAIN ANY LIFE, MEDICAL, OR DISABILTY INSURANCE FOR THE PROTECTION OF YOURSELF AND OTHERS WHO MAY USE THE SYSTEM. YOU UNDERSTAND THAT THERE ARE ALTERNATIVES AVAILABLE TO YOU INCLUDING BUT NOT LIMITED TO:
- (a) "911" EMERGENCY TELEPHONE SERVICE;
- (b) HIRING PERSONS TO WATCH YOU EITHER ON A FULL TIME OR PART TIME BASIS;
- (c) MOVING TO AN ASSISTED LIVING FACILITY, AND YOU HAVE CHOSEN THIS SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS AND THE LIMITATION OF OUR LIABILITY. CLIENT AND VITAL ACKNOWLEDGE THAT THE AMOUNT OF MONEY BEING CHARGED FOR THE SYSTEM/SERVICE IS NOT SUFFICIENT TO GUARANTEE, IN ANY WAY, THAT NO LOSS OR DAMAGE WILL OCCUR, AND THAT VITAL DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PERSONAL INJURY, LIFE OR PROPERTY LOSS, WHICH MAY OCCUR EVEN IF DUE TO VITAL'S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR FAILURE OF THE SERVICE/SYSTEM TO OPERATE AS INTENDED OR FOR ANY OTHER REASON WHATSOEVER. YOU UNDERSTAND THAT THIS IN NOT A SECURITY SYSTEM OR A FIRE WARNING SYSTEM AND THE POLICE OR FIRE DEPARTMENT WILL NOT BE NOTIFIED IN THE EVENT A SIGNAL IS RECEIVED.
OUR LIMITED LIABILITY: SECTIONS 2, 12 AND 13 OF THIS AGREEMENT LIMIT OUR LIABILTY TO $500.00 (FIVE HUNDRED DOLLARS), IF YOU OR ANYONE ELSE SUFFERS ANY HARM (DAMAGE OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH) BECAUSE THE SYSTEM FAILED TO OPERATE PROPERLY OR WE WERE NEGLIGENT OR ACTED IMPROPERLY.
THE TERMS AND CONDITIONS SET FORTH BELOW ARE PART OF THIS AGREEMENT AND THE CUSTOMER DATA SHEET ARE PART OF THIS AGREEMENT - READ THEM.
- HEADINGS. The paragraph titles used herein are for convenience of the parties only and shall not be considered in construing the provisions of this Agreement. In this Agreement, the word "including" is not a word of limitation but means "including, without limitation or example."
- INSTALLATION: You will provide a non-switched electrical outlet for the system's transformer and fully functioning telephone jack.
- MONITORING SERVICE: Monitoring is provided by an independently owned and operated monitoring facility (the "Center") selected by Vital. Upon receipt of a medical response alarm, the Center will make every reasonable effort to notify the persons and/or entities set forth on the monitoring data form. To avoid false alarms the Center may use the two-way voice feature of the system to determine if an actual emergency exists before calling anyone. The center may also call your premises via telephone to determine if an actual emergency exists before calling anyone. If the Center has reason to believe that no emergency exists it may choose not to place such calls. Vital may discontinue any particular response service by giving you written notice if required to do so by any governmental agency or our liability insurance provider. Vital will pay all monitoring fees to the Center.
- TRANSMISSION LINES: You will pay for telephone charges including any installation fee for a special jack to connect the system to your telephone service. If your phone is off the hook, not functioning properly or otherwise in use, the system may not operate without the installation of a line seizure jack by the telephone company. It is your responsibility to have this device installed if so desired. You acknowledge that signals are transmitted using electrical power and over telephone company lines which are wholly beyond the control of Vital and the monitoring Center and in the event telephone service is out of order or disconnected, the system will not operate. The System includes a communicator that sends signals to the Center over your regular telephone service[you understand and agree that other services, including but not limited to Digital Subscriber Line (DSL) service, Voice over Internet Protocol (VOIP), wireless telephone jacks, splitters and other technologies that use your regular phone service will make the system and service unreliable] and if your telephone is out of order, busy, placed on vacation status, is disconnected or otherwise not working, a signal cannot be transmitted and we will not know of the service problem. When the system is activated you will not be able to use the telephones in your home to make other calls. Therefore you may choose to have the System placed on a separate telephone line at your expense. Vital recommends that customers purchase POTS (Plain Old Telephone Service) land line phone service from a reliable national provider.
- FALSE ALARMS: You agree that you, your family members or others using the System, will use it carefully so as to avoid causing false alarms. If we receive too many false alarms we may cancel monitoring service. If a false alarm fine or penalty is to charged to you or us by any governmental agency, you will pay us for the charge.
- CLIENT'S DUTIES: You will instruct your family members and others who may use the System on its proper use. You will test the system in accordance with our instructions, and send test signals to the Center in accordance with our instructions. If a problem in the System occurs you will notify us immediately. You will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the System. You will give us response information which will include the name, telephone number and relationship of each person we should notify in the event a signal is received or in the event we believe there is an emergency at your home. You will notify us in writing of any changes of your address and/or in the persons or telephone numbers on your emergency call list. A copy of this Agreement and signatures transmitted and delivered by facsimile or e-mail shall be originals for all purposes. We may scan or convert this Agreement into an electronic or digital file and a copy of this Agreement printed from such file shall be given the same legal force and effect as the original. Vital strives to protect confidential customer information in accordance with federal and state regulations on data privacy and security; in order to comply, we need to follow verification procedures prior to releasing confidential data. As such, it may take several weeks to provide account information to a legal representative or designee of subscriber. You understand, acknowledge and agree that certain laws, rules, regulations and ordinances of governmental authorities, utilities, businesses, homeowners associations and other entities may affect your rights under this Agreement without any liability of Company. Subscriber agrees to obtain and maintain all licenses, permits and other authorizations or consents necessary for the installation and use of the System including, without limitation or example, notice to municipal Responders. Vital strives to protect confidential customer information in accordance with federal and state regulations on data privacy and security; in order to comply, we need to follow verification procedures prior to releasing confidential data. As such, it may take several weeks to provide account information to a legal representative or designee of subscriber.
- INCREASES IN TAXES OR FEES: You agree that the monitoring fee is based upon existing federal, state and local taxes. We shall have the right, at any time, to increase the monitoring fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any utility or governmental agency relating to the use or operation of the System or the monitoring service and you agree to pay the same.
- SUSPENSION OR CANCELLATION OF THIS AGREEMENT; VITAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR INTERRUPTION OF SERVICES DUE TO ANY CAUSE BEYOND THE REASONABLE CONTROL OF VITAL; DELINQUENCY CHARGE: You understand that we may stop or suspend monitoring and repair service if:
- Strikes, severe weather, earthquakes, acts of God, acts of terrorism, or other such events beyond our control affect the operation of the Center or so severely damage your home that continuing service would be impractical.
- There is an interruption or unavailability of telephone service between the System and the Center.
- You do not pay the monthly fee due us, after we have given you ten days notice that we are canceling service because of non-payment. We may charge a re-connection fee if service is suspended for non-payment.
- We are unable to perform service because of some action or ruling by any governmental authority.
- You become a debtor in a bankruptcy proceeding. We may impose and you will pay a delinquency charge in the maximum amount permitted by Pennsylvania law, for all payments that are more than ten days past due. If service is canceled, regardless of reason, you will return our equipment at your expense. YOU UNDERSTAND THAT THE SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.
- ASSIGNEES AND SUBCONTRACTORS: Vital may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Vital to provide any service set forth herein to you, and bind you to such subcontractor(s) with the same force and effect as they bind you to Vital. We may transfer or assign this agreement to any other company. You may not transfer this agreement to someone else (including someone who purchases or rents your home) unless we approve the transfer in writing. We may use subcontractors, including the Center to provide repair and monitoring services, and this agreement, and particularly sections 2, 12 and 13 shall apply to and protect them in the same manner as it applies to and protects us.
- VITAL IS NOT AN INSURER; LIMITATION OF LIABILITY: You understand: (a) we are not an insurer of your property or the personal safety of persons in your home; (b) you should provide any insurance on yourself and others who may use the System; (c ) the amount you pay to us is based only on the value of the service we provide; (d) alarm systems and our monitoring service may not always operate properly for various reasons; (e) it is difficult to determine how fast the paramedics, fire or police department, persons you have designated, or others will respond to an alarm signal; (f) the System, service and transmission lines are limited as set forth in Sections 2 and 6 herein; (g) it is difficult to determine what portion, if any, of any property loss, personal injury or death would be proximately caused by our failure to perform, our negligence, or a failure of the System.
THEREFORE YOU AGREE: Even if a court or other tribunal decides that a failure of the System, installation, monitoring or repair service or our negligence caused or allowed any harm or damage (whether property damage, personal injury or death) to you or anyone in your home, you agree that our liability shall be limited to $500.00 (five hundred dollars), and this shall be your only remedy regardless of what legal theory is used to determine that VITAL was liable, including but not limited to gross negligence, for the injury or loss. YOU MAY OBTAIN A HIGHER LIMITATION OF LIABILITY. If you wish, you may obtain from us a higher limitation of liability by paying an additional periodic charge to us based on a graduated scale of rates. If you elect this option, we will attach a rider to this agreement which will set forth the amount of the limitation of liability and the amount of the additional charge. Agreeing to the limitation of liability does not mean that we are an insurer.
- THIRD PARTY INDEMNIFICATION: If anyone other than you, asks VITAL to pay for any harm or damages (including personal injury or death) connected with or resulting from (a) a failure of the System or services, (b) our negligence, ( c ) any other improper or careless activity of VITAL in providing the System or services or (d) a claim for indemnification or contribution, you will pay to VITAL any amount which a court orders us to pay or which we reasonably agree to pay, and the amount of our reasonable attorney's fees and any other loss or costs that we may pay in connection with the harm or damages.
- LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL: Both VITAL and Client agree to the following: (a) That no law suit or any other legal proceeding connected with this agreement shall be brought or filed more than one year after the incident giving rise to the claim occurred. The time period in this paragraph must be strictly complied with. (b) Any lawsuit , legal action, legal claim and/or legal proceeding brought or filed must be filed in Montgomery County, Pennsylvania. (c) In addition any such legal proceeding shall not be heard before a jury. (d) Each party gives up any right to a jury trial. This jury trail waiver cannot be revoked.
- SYSTEM REPAIRS: WE ARE NOT OBLIGATED, IN ANY WAY, TO PROVIDE REPAIR SERVICE UNLESS YOUR ACCOUNT IS CURRENT, IN GOOD STANDING, AND PAID UP ACCORDING TO THE TERMS STATED IN PARAGRAPH (1) ONE OF THIS AGREEMENT. So long as the system is being monitored, we will repair the system without charge to you. Many service problems can be corrected by telephone. If you believe the system is not working call our service department at the telephone number shown above. Our service department's hours are 9:00 AM to 5:00 PM, Eastern time, Monday thru Friday, excluding holidays we observe. We may use new or used parts at our discretion whether or not the system has been sold or rented to you. Repair or replacement of the system at our facility is our only duty. Repair service does not cover repairs that are needed because of an accident, acts of god, your failure to properly use the System, if someone other than us attempts to repair or change the system, or any other reason except a deficit in the System; and if we fix the System for such a reason you will pay us for all parts and labor at our then prevailing service rates. We may request payment in advance before repairing the system.
- ENTIRE AGREEMENT: The entire and only agreement between you and VITAL is written in this agreement and in the terms and conditions accepted electronically via all order placed on line via our website (www. avitallink). It replaces any earlier oral or written understandings or agreements. It may only be changed by a written agreement signed by you (and if married, your spouse) and VITAL. No alterations to this agreement are permitted without the prior written approval of the President of VITAL. If you have given or ever give us a purchase order for the System or service which provided for different terms than this agreement, this agreement will govern and be controlling. Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing. You agree that this agreement is performed in the state of Pennsylvania and shall be governed by the laws of Pennsylvania.